5.15

San Francisco Police Department

GENERAL ORDER

Rev. 07/05/17

ENFORCEMENT OF IMMIGRATION LAWS
The purpose of this order is to establish policies regarding the San Francisco Police
Department's role in the enforcement of immigration laws and cooperation with U.S.
Immigration and Customs Enforcement ("ICE"), U.S. Customs and Border Protection ("CBP")
or successor agencies whose role is to enforce immigration laws, in conformity with state and
federal laws and San Francisco Administrative Code Chapters 12H and 121.

I. POLICY.
It is the policy of the San Francisco Police Department to foster respect and trust
between law enforcement and residents, to protect limited local resources, to
encourage cooperation between residents, City officials, and law enforcement, and to
ensure community security. It is also Department policy, consistent with its
obligations under state and federal law, to adhere to San Francisco Administrative
Code Chapters 12H and 121. These Chapters generally prohibit the use of City
resources to assist in the enforcement of federal immigration laws, except as required
by federal or state law.

II. STATE AND LOCAL LAW.
In accordance with Chapter 12H and state law, members of the Department shall, in
performing their official duties, adhere to all of the following:

A.

DETENTION: Members shall not stop, question, or detain any individual solely
because of the individual's national origin, foreign appearance, inability to speak
English, or immigration status (also see DGO 5.03, Investigative Detentions).
Members shall not inquire into an individual's immigration status.

B.

DOCUMENTS: In the course and scope of their duties e.g., traffic
enforcement, investigations, and taking reports, members shall not require
individuals to produce any document to prove their immigration status.

C.

ASSISTING ICE/CBP: Members shall not cooperate with or assist ICE/CBP in
any investigation, detention, or arrest procedures, public or clandestine, where in
any such instance the purpose is enforcing federal immigration laws.

 DGO 5.15
Rev. 07/05/17
D.

INFORMATION GATHERING/DISSEMINATION FOR IMMIGRATION
ENFORCEMENT PURPOSES:
1) Release Status/Confidential Information for immigration enforcement
purposes. Members shall not request information about, or disseminate
information, regarding the release status of any individual or any other
confidential, identifying information such as home, work, or family or
emergency contact information, except as required by federal or state law.
2)

E.

Services. The Department shall not include on any application, questionnaire,
or interview form it uses in relation to benefits, services, or opportunities
provided by the City and County of San Francisco, any questions regarding
immigration status other than those required by federal or state law.

ICE/CBP DETAINERS/ADMINISTRATIVE (CIVIL) WARRANTS:
Members shall not arrest or detain an individual, or provide any individual's
personal information to a federal immigration officer, solely on the basis of an
administrative (civil) warrant, prior deportation order, or other civil immigration
document that only addresses alleged violations of the civil provisions of
immigration laws. Members shall not place an administrative (civil) immigration
hold or detainer on an individual who is in custody. National Crime Information
Center ("NCIC") or California Law Enforcement Telecommunication System
("CLETS") warrant responses currently make clear whether the warrant is
administrative (civil) or criminal.
Members shall adhere to all of the following when reviewing or examining
outstanding warrants in the NCIC or CLETS system. Members:
1) Shall contact the Sheriffs Central Warrant Bureau ("CWB") to confirm any
warrant before taking action on the warrant.
2) Shall not enforce federal administrative (civil) warrants for arrest (currently
Department Homeland Security ("DHS") Form 1-200) or for
removal/deportation (currently DHS Form 1-205).
3) Shall not enforce Administrative Immigration Detainer Notice of Action
(currently DHS Form I-247A).
4) May enforce criminal warrants after consulting with CWB and confirming the
criminal warrant.
5) Shall record the name of the individual from CWB staff who confirmed the
criminal warrant in the incident report. (See DGO 6.18, Warrant Arrests.)
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 DGO 5.15
Rev. 07/05/17
III. PROVIDING EMERGENCY ASSISTANCE TO ICE/CBP.
A.

ICE/CBP REQUESTS FOR EMERGENCY ASSISTANCE: Members may
provide emergency assistance to ICE/CBP to the same extent members would
respond to emergency assistance to any other law enforcement agency. For
example, members may provide emergency assistance when the member
determines there is an emergency posing a significant and immediate danger to
public safety or to the ICE/CBP agents.

B.

DUTIES OF MEMBERS: Members providing emergency assistance to ICE/CBP
shall immediately notify their supervisor and complete an incident report
describing the reasons for their assistance.

C.

DUTIES OF SUPERVISORS: When notified that a member is providing
emergency assistance to ICE/CBP, supervisors shall immediately respond to the
location and ensure that such assistance is warranted.

D.

TRANSPORTATION: Members shall not assist ICE/CBP in transporting
individuals suspected solely of violating federal immigration laws.

E.

ASSISTANCE: Members shall not provide assistance to ICE/CBP agents for
routine ICE/CBP operations, investigations, or raids. If ICE/CBP requests
assistance that does not amount to an emergency as outlined in this section,
members shall follow the protocols listed for Interagency Operations. (See DGO
5.14, Interagency Operations.)

IV. ASSISTING OTHER LAW ENFORCEMENT AGENCIES AND FOREIGN
GOVERNMENT.
A.

INTERAGENCY OPERATIONS: If ICE/CBP requests assistance
with a planned, unplanned, or spontaneous operation, members must
obtain approval from the member's Assistant Chief. (See DUO 5.14,
Interagency Operations.)

B.

JOINT CRIMINAL OPERATIONS: Members may continue to collaborate with
other law enforcement agencies, with approval of the member's Assistant Chief, to
protect public safety and participate in joint criminal investigations that are
permitted under Department policy or applicable city or state law. When a member
becomes aware that the criminal investigation involves the enforcement of
immigration laws, the member shall:
1) Notify a Supervisor; and
2) Cease operations if doing so would not pose a risk to the officers or the public; and
3) Suspend Interagency Operations.
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 DGO 5.15
Rev. 07/05/17
C.

ASSISTING FOREIGN GOVERNMENT: Members shall not assist or
cooperate with any investigation, surveillance, or gathering of information
conducted by foreign governments, except for cooperation related to an alleged
violation of City and County, State, or Federal criminal laws. (See DGO 8. 10,
Guidelines for First Amendment Activities.) Any assistance or cooperation with a
foreign government must be approved by the member's Assistant Chief. (See DGO
5.14, Interagency Operations.) Members requesting approval of the Interagency
Operation shall notify the Officer-In-Charge ("OIC") of the Special Investigations
Division ("SID") who will evaluate whether the U.S. State Department should be
notified of the. assistance or cooperation.

V. DEPARTMENT BULLETINS. Department Bulletins describing current versions or
relevant examples of DHS forms and the most current samples of NCIC or CLETS printouts of both administrative (civil) and criminal warrants will be issued as necessary.
VI. COMPLIANCE WITH OTHER STATE OR LOCAL LAWS. Nothing in this General
Order prohibits members from performing their duties in enforcing state and local laws.
References
DGO 5.03, Investigative Detentions
DGO 5.14, Interagency Operations
DGO 6.18, Warrant Arrests
DGO 8. 10, Guidelines for First Amendment Activities

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